Eastern District of Pennsylvania Filing Bundling Requirements

All grounds for relief must be set forth in a single comprehensive motion; motions (e.g., motion to dismiss) shall not be divided into separate motions per count.

All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather should include all bases for relief.

For jury trials, parties must file proposed voir dire, jury instructions, and verdict slip concurrently with pretrial memoranda.

for jury trials, the Court requires that the parties file proposed voir dire, proposed jury instructions, and a proposed verdict slip at the same time as their pretrial memoranda.

For non-jury trials, parties must file proposed jury instructions, verdict slip, and findings of fact/conclusions of law with pretrial memoranda, with findings supplemented after trial.

For non-jury trials, the Court also requires proposed jury instructions, a proposed verdict slip, and proposed findings of fact and conclusions of law because it helps the parties and the court to frame the issues to be addressed and the law controlling on those issues. The initial proposed findings then are supplemented after trial with reference to the record.

Motions in limine must be filed as a single omnibus motion.

If any motions in limine are filed, the motions shall be filed as one omnibus motion

Joint appendix required for multiple summary judgment motions.

When more than one party intends to move for summary judgment at the same time, the parties shall submit a joint appendix containing all the exhibits that will be referenced in any party's motion.

Supplemental joint appendix required for multiple response parties.

When more than one party intends to respond, the parties shall submit a supplemental joint appendix containing all the exhibits that will be referenced in any party's response.

Joint appendix must be filed separately on same day as first summary judgment motion.

When the parties are relying on a joint appendix, the parties shall file the joint appendix in its own ECF entry separate from the ECF entry in which any party has filed its motion or response. The joint appendix shall be filed on the same day the first motion for summary judgment is docketed.

Required

Always

Discovery must be completed before arbitration; no discovery or dispositive motions after arbitration unless motion was filed before and unresolved.

The parties are expected to complete all discovery prior to the date of the arbitration hearing. Upon demand for trial de novo from an arbitration award, the Court will issue a scheduling order setting the date for trial at the earliest date available to the Court. Ordinarily, discovery will not be allowed after the arbitration hearing is held. Nor will dispositive motions be allowed after the arbitration hearing unless the motion was filed prior to the arbitration hearing and left unresolved.

Co-parties (multiple plaintiffs or defendants) must file joint motions unless there is a clear conflict in their positions.

When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position.

For summary judgment motions, parties must prepare a consolidated statement of facts (structured with movant’s assertion/evidence, respondent’s response, and movant’s reply per paragraph) and joint exhibits; cross-motions require separate statements of facts but a single consolidated exhibit set, unless a party is a pro se prisoner.

The result of this process will be a single, consolidated statement of facts that permits Judge Wolson to see each party’s position on each factual assertion in one place. For example, for paragraph 1 in the statement of facts, Judge Wolson will see the movant’s factual assertion and supporting evidence, followed by the respondent’s response, followed by the movant’s reply, before moving to paragraph 2. The moving party must file the consolidated statement of facts and the joint set of exhibits with its motion. The joint set of exhibits must conform with Section I.C. of these Policies And Procedures. In the event that there will be cross-motions for summary judgment, each movant may file a separate statement of facts that follows the above procedure for each motion, but Judge Wolson requires the parties to prepare a single, consolidated set of exhibits. These procedures for a joint statement of facts do not apply to cases in which a party is a pro se prisoner.

The joint exhibit chart and all exhibits must be provided together on a single USB flash drive organized into three subfolders: PDFs (documents), Videos (AVI or compatible), and Audio (WAV or compatible).

Counsel shall provide the joint exhibit chart in the above format along with a USB flash drive containing the exhibits organized into three folders: (1) PDFs (documents), (2) Videos (AVI or other compatible format), and (3) Audio (WAV or other compatible format).

Exhibits must be pre-marked, exchanged, and compiled into a joint exhibit book with electronic copy for final pretrial conference.

Exhibits must be pre-marked and exchanged in advance of trial. In civil cases, the parties will prepare one joint exhibit book with all exhibits that counsel may use at trial. The joint exhibit book must contain an exhibit list briefly describing each exhibit. Counsel should provide the joint exhibit book as a hard copy and electronically on a thumb drive to the Court at the final pretrial conference.

One set of pre-marked trial exhibits required; provide two copies to Judge.

Counsel are to meet and confer to prepare one set of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is discouraged as inefficient and confusing. Counsel should provide Judge Straw with two (2)

Exhibits must be provided as two tabbed loose-leaf books (one for judge, one for law clerk) with joint, plaintiff's, and defendant's exhibits.

Exhibits are to be provided to the Court in the form of two jointly prepared loose leaf exhibit books—one for the judge and onefor his law clerk—each book containing tabbed Joint Exhibits, Plaintiffs Exhibits, and Defendant's Exhibits.

Required

Always

Parties should collaborate to create a single numbered exhibit set for trial.

Judge Beetlestone strongly suggests that the parties work together to prepare a single set of sequentially numbered trial exhibits, without regard for who will propound the exhibit at trial.

Required

Always

Multiple plaintiffs or defendants must file joint motions unless conflicts exist.

Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.

No Rule 16 conference or scheduling order in arbitration track cases (except de novo appeals).

Judge Schmehl will not hold a Rule 16 conference or issue a scheduling order in arbitration track cases, unless there is a de novo appeal from an arbitration award.

Documents with large attachments must be submitted to Chambers as a binder with tabbed exhibits and an exhibit index.

with large attachments must be submitted to Judge Scott’s Chambers as a binder with tabbed exhibits and an exhibit index.

Multiple plaintiffs or defendants must file joint motions with co-parties unless their positions conflict.

Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.

Reply and sur-reply briefs are discouraged unless necessary to address unanticipated issues

Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not anticipated in or otherwise discussed in the initial briefs.

Motions in limine should be bundled with the final pretrial memorandum and are usually addressed at the final pretrial conference.

Motions in limine should be filed with a party’s final pretrial memorandum and will usually be ruled upon at the final pretrial conference, unless it is appropriate to defer a ruling until some time during the trial.

Cases should be tried within 1 year of filing, or 2 years if extended pretrial proceedings are necessary.

The Court intends that most cases should be tried (if not settled) within one year of filing. If extended pretrial proceedings are necessary, every case should reach trial no later than two years after the date of filing. Exceptions will be necessary only when there have been interlocutory appeals or other unusual pretrial procedures.

Sidebar conferences are prohibited unless essential; most issues can be resolved by open court objections or pretrial motions.

Sidebar conferences are exceptionally disruptive to the normal flow of a trial and often raise questions in the jury’s mind as to why counsel need to talk to the Judge out of their hearing. Judge Baylson does not allow sidebar conferences, unless he believes it is essential at that time. Experience has shown that 99% of the occasions on which counsel ask for sidebar conferences can be resolved by an objection in open Court, or could have been raised either by a pretrial motion in limine or prior to the start of Court that day or at a recess.

Joint exhibit binder preferred but not required.

A joint exhibit binder is preferred but not required.

Required

Always

Appendix should be filed in same ECF entry as motion or response when practicable.

Insofar as practicable, a movant shall file its appendix in the same ECF entry in which the movant files its motion or response.

Criminal cases don't require exhibit exchange or joint binders, but must follow formatting rules.

In criminal cases, the Court ordinarily does not expect defendants to exchange exhibits with the Government ahead of trial or to prepare joint exhibit binders. Criminal defendants and the Government should, however, prepare their exhibits in compliance with the formatting requirements set forth in the preceding paragraph.

Court may rule without waiting for reply or sur-reply briefs

The Court will not necessarily delay its decision while awaiting a reply or sur-reply brief.

Counsel are encouraged to attach relevant trial exhibits to the settlement memorandum.

Counsel are encouraged to attach particularly relevant trial exhibits to their submissions.

Trial pool date is when parties should be prepared to start trial; actual date depends on ongoing trials and pending dispositive motions.

The “trial pool date” is the date on which the parties should be prepared to start trial. The actual trial date is usually discussed as part of the final pretrial conference (see above). If possible, the Court will set a specific date, but the actual start of a trial may depend on completion of an already on-going trial. If dispositive motions are still pending, a new trial pool date will be set if the dispositive motion is denied.

Voir dire may be scheduled days before lengthy trials; counsel exchange questions and may conduct voir dire without Judge present.

Voir dire may be scheduled several days prior to the start of a lengthy trial, to give jurors the opportunity to make arrangements with their employers or families. Counsel shall exchange proposed voir dire questions with each other and may be required to conduct the voir dire themselves without the Judge present in the Courtroom.

General yes/no questions asked to entire panel; those answering yes provide details.

General questions, answered “yes” or “no,” shall be asked of the entire panel, and those members of the panel who answer “yes” shall details behind their “yes” answer to a specific question.

Questioning ceases when sufficient jurors remain; counsel make alternating strikes; jury seated in courtroom sequence.

Once there is a sufficient number of jurors to allow for the Court to rule on any unresolved challenges for cause and for preemptive strikes, the questioning shall cease, and counsel shall make strikes on an alternating basis, following which the jury will be seated in the jury box in the same sequence as seated in the courtroom and sworn.

Parties must inquire about offers of proof from opposing counsel before trial; dissatisfied parties must file motion for relief.

If any party desires an “offer of proof” as to any witness or exhibit expected to be offered, that party shall inquire of opposing counsel prior to trial for such information. If the inquiring party is dissatisfied with any offer provided, such party shall file a motion seeking relief from the Court prior to trial.